Teras Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37431 of 2021 Arising Out of PS. Case No.-677 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.

TERAS RAM SON OF LATE RAM SWARUP RAM Resident of VillageSiuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar). 2.

Tileshwari Devi Wife of Teraas Ram Resident of Village- Siuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar). 3.

Mala Devi @ Sunita Devi Wife of Rajesh Ram Resident of Village- Siuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar). 4.

Madhumala Devi Wife of Awadhesh Ram Resident of Village- Siuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar). 5.

Uma Devi Wife of Ganesh Ram Resident of Village- Siuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar). 6.

Nidhu Mala Devi @ Nidhi Mala Devi Wife of Brajesh Ram Resident of Village- Siuri, Ward No.14, P.S.- Mashrakh, District- Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 302, 323, 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.37431 of 2021(2) dt.29-03-2022 2/3 Allegation is that the accused persons including the petitioners assaulted the informant by means of rod, lathi, danda, fists and slaps, due to which he sustained injuries and when the family members including the grand father of the informant came to save him, the accused persons assaulted them and co-accused Ajit Kumar, Manjit Ram, Rajesh Ram and Brajesh Ram pressed the neck of grand father of the informant due to which he died.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The petitioner Nos.2 to 6 are ladies. The petitioner No.1 is 75 years old. Specific allegation is against the co-accused, namely, Ajit Kumar, Manjit Ram, Rajesh Ram and Brajesh Ram. As per the postmortem report, there was no external injury found on the body of the deceased. The death is said to be due to cardio respiratory failure.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Patna High Court CR. MISC. No.37431 of 2021(2) dt.29-03-2022 3/3 Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Mashrakh P.S. case No.677 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T